Brazil’s former President Jair Bolsonaro has appeared before the Supreme Court to provide testimony regarding allegations of a scheme to overturn the 2022 election results and retain his position in power. Bolsonaro, along with 33 associates, faced charges earlier this year on five counts associated with these plans. A panel of five justices from Brazil’s highest court has initiated the first trial for eight of these individuals, including Bolsonaro himself.
In the following months, testimonies from the remaining 26 defendants will be heard. Bolsonaro has consistently refuted the charges, claiming he is being politically persecuted. However, during his testimony, he adopted a subdued approach.
These proceedings find their origin in a riot on January 8, 2023, when supporters of Bolsonaro stormed key government buildings in Brasilia, including the Supreme Court, Congress, and the Presidential Palace. The incident occurred shortly after President Luiz Inácio Lula da Silva assumed office. Authorities have identified the upheaval as an effort to instigate military intervention and destabilize the new administration.
If Bolsonaro is found guilty of the alleged coup, he faces a potential 12-year prison sentence. Coupled with additional charges, the cumulative sentence for the accused could amount to several decades. Even a conviction from the panel isn’t the end of the road, as Bolsonaro retains the right to appeal to the full panel of Brazil’s Supreme Court.
The trial involves several key stages:
Testimonies: The process of collecting evidence hits its final phase with the testimonies of the eight defendants. Their legal teams have the option to request additional court-approved searches to bolster their defense, though Justice Alexandre de Moraes, the presiding judge, is anticipated to deny such requests. The completion of this phase depends on de Moraes ruling on all pending requests.
Final Allegations: Following a 15-day period after the conclusion of evidence collection, the attorney-general will submit final allegations. Defense attorneys are given equivalent opportunities. These presentations may span hours or even days and are expected to conclude before the court’s recess in July, which lasts until August. With the final allegations stage completed, the trial moves to sentencing.
Sentencing: A five-judge Supreme Court panel, composed of de Moraes, Cármen Lúcia, Cristiano Zanin, Flávio Dino, and Luiz Fux, will determine the defendants’ guilt. These judges have had prior conflicts with Bolsonaro, with de Moraes handling many cases against him, Zanin and Dino appointed by Lula, and Lúcia and Fux having faced Bolsonaro’s scrutiny during their respective roles in electoral and supreme courts. If Bolsonaro is deemed guilty, this panel will also set his sentence.
Potential Outcomes: Should Bolsonaro be declared guilty, he retains the right to request an appeal before the full panel of the Supreme Court. Conversely, if acquitted on all fronts, Brazil’s top prosecutor could pursue an appeal. Before any prison sentence is executed, Bolsonaro’s defense team might delay proceedings further by seeking explanations for each judge’s decision. Legal analysts predict these maneuvers could wrap up by year’s end.